# Copyrighted "words" from works of fiction?

**URL:** <https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815>\
**Category:** Cafe Society\
**Created:** [September 15, 2005, 5:00pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815 "2005-09-15T17:00:16Z")\
**Posts on this page:** 1\
**Page:** 3

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [September 16, 2005, 4:27pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/41 "2005-09-16T16:27:29Z")

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> [@ftg](#):
>
> “Infringing” is only part of the concern in using a trademark generically. If you write “I made a xerox of the document.” in a newspaper article, you will get a nasty letter from Xerox’s attorneys telling you to not do that. If you persist, they will file an injunction or worse.

No, the only causes of action they might have against you are infringement or dilution and this is neither. They can write all the nasty letters they want, no court will entertain such an action. It’s simply not illegal. If they tried to get an injunction against you it would simply be a waste of money.

> [@](#):
>
> Companies are very worried about their trademarks becoming generic (a la aspirin and cellophane). Coke, Xerox, Kleenex and Formica are terms that are frequently used generically and whose lawyers can get nasty about.

They are worried about it, but they cannot do much about private individuals who decide to use a term in a generic manner. They can only take action against their competitors.

> [@](#):
>
> Can you really “fight” a winning battle against Marvel/DC lawyers if you use the word “superheroes” in an article on your website?

You don’t have to to anything. They simply do not have a case against you. First of all, it’s unlikely they’ll do anything. If they do send you a letter, you can safely ignore it.

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